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8275 instructions 2024 Form: What You Should Know

The IRS is also required to provide additional disclosures for positions taken with the understanding that such positions will never see the light of day. (See FAQ #21.) A Taxpayer may disclose only those positions that can be proved or substantiated with the use of an acceptable and reliable method. For each proposed position a Taxpayer must complete a Form 8275, However, there is no requirement to provide more than one Form 8275. There is also no requirement that the Taxpayers disclose the exact position to the IRS. If a Taxpayer believes that a position is not covered by the requirements of Form 8275, the Taxpayer may choose to list, without explanation other than to state that the position is not covered. The IRS may then take action on a particular taxpayer's form for failing to list a position, as long as that form meets the requirements of Form 8275. To determine if a position is covered by the requirements of Form 8275, the IRS will look at whether the taxpayer provided certain disclosure for the position. For Position 5 (tax return preparer position), the Taxpayer must provide certain information about the preparation of tax returns using a taxpayer identification number (TIN) of 1099-N or 889-N. Taxpayers must disclose the following: a. any other positions held with the understanding that such positions will never see the light of day; b. any position for which a Taxpayer is not tax preparer at the time of disclosure or for which the disclosure of a position was not reasonable. This disclosure is required regardless of whether the Taxpayer is the tax preparer or has the authority to prepare the tax return. In most cases, the Taxpayer has the authority to prepare all returns using the taxpayer identification number, but there are positions where the Taxpayer does not have such authority. In those cases, the IRS will not consider the position listed on a Form 8275 to be covered by the requirements of Form 8275. For a position listing a TIN, the Taxpayer must provide certain disclosure information with regard to: a. the preparation of tax returns using the taxpayer identification number, and b. any positions to be disclosed. This disclosure requires the Taxpayer to provide sufficient information to identify any and all the Taxpayer's positions to be disclosed, without limiting the number of positions. The Taxpayer provides the necessary information to identify the position for which the Taxpayer is filing.

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